Follow Us:

Visit of ICC Suspect Al-Bashir to Malawi: Latest Statements and News

20 Oct 2011

Dear all,

Please find below statements and news related to Sudanese President and International Criminal Court (ICC) suspect Omar Al-Bashir's visit to Malawi last week.

President Al-Bashir is under two ICC arrest warrants for genocide, crimes against humanity and war crimes allegedly committed in Darfur. Malawi is a state party to the Rome Statute of the ICC - the founding treaty of the first permanent international court capable of trying perpetrators of genocide, crimes against humanity, and war crimes. By welcoming Al-Bashir on its territory and failing to arrest him, Malawi violated its obligation to cooperate fully with the Court.

This message includes recent media statements by the ICC (I), Coalition members' statements (II) and statements from the European Union and the United Kingdom (III), as well as related news and opinions (IV) concerning Al-Bashir's visit to Malawi.

Please also take note of the Coalition's policy on situations before the ICC (below), which explicitly states that the Coalition will not take a position on potential and current situations before the Court or situations under analysis. The Coalition, however, will continue to provide the most up-to-date information about the ICC.

Best regards,

CICC Secretariat
www.coalitionfortheicc.org<http://www.coalitionfortheicc.org/>

******************************************

I. ICC STATEMENT

1. "Pre-Trial Chamber I requests observations from Malawi on the enforcement of warrants of arrest against Omar Al Bashir," ICC, 19 October 2011

"On 19 October 2011, Pre-Trial Chamber I of the International Criminal Court (ICC) issued a decision requesting the Republic of Malawi to submit, no later than 11 November 2011, any observations with regard to the alleged failure by the Republic of Malawi to comply with the cooperation requests issued by the Court for the arrest and surrender of the Sudanese President, Omar Hassan Ahmad Al Bashir.

The Chamber was seized on an ICC Registry's report indicating that various media had reported that Omar Al Bashir had visited the Republic of Malawi on 14 October 2011, and highlighting the Registrar had sent a note verbale, that remained unanswered, to the Embassy of the Republic of Malawi in Brussels on 13 October 2011, reminding the Republic of Malawi of its legal obligations as a State Party to the Rome Statute and asking for its cooperation for the arrest and surrender of Mr Al Bashir 'in the event that the latter would enter Malawi's territory'.

The Chamber also noted article 87(7) of the Statute providing that '[w]here a State Party fails to comply with a request to cooperate by the Court contrary to the provisions of this Statute [...] the Court may make a finding to that effect and refer the matter to the Assembly of States Parties or, where the Security Council referred the matter to the Court, to the Security Council'...."

II. COALITION MEMBERS' STATEMENTS

1. "Malawi should stand up for justice and not grant impunity to President al-Bashir," Alison Smith, NPWJ, 14 October 2011, http://www.npwj.org/ICC/Malawi-should-stand-justice-and-not-grant-impunity-President-al-Bashir.html

"No Peace Without Justice (NPWJ) and the Nonviolent Radical Party, Transnational and Transparty (NRPTT) call upon the Government of Malawi to arrest President Omar Al-Bashir and hand him over to the International Criminal Court. While it is certainly in the interest of President al-Bashir to expand the range of countries where he is seen to be able to travel with impunity, it is certainly not in Malawi's interest to be considered a safe haven for war criminals. Aside from risking its legitimacy as a law-abiding country, it is the obligation of each ICC State Party - including Malawi - to ensure ICC arrest warrants are not simply swept under the carpet.

We call on the Court and States Parties to use all possible channels to press the Malawi Government to execute the arrest warrant while President al Bashir is in Malawi. We further call on the Court and its States Parties to be clear with Malawi that there may be severe consequences for failure to comply with the Rome Statute. The judges of the Court could make a finding that Malawi's non-cooperation would prevent the ICC from exercising its functions and could refer the matter to the Assembly of States Parties or the United Nations Security Council as a result.

Hundreds of thousands of victims of the violence in Darfur now live as refugees as a result of the crimes committed against them. The ICC has found that there is reasonable basis to believe that President al-Bashir may have been responsible for some of the crimes they suffered. The time has come to hold President al-Bashir and other ICC fugitives to account, not to welcome them with open arms. Malawi can strike a decisive blow for peace in the region by removing from the equation one of the actors who has been most responsible for the decades of instability it has endured."

III. GOVERNMENT/INTERGOVERNMENTAL STATEMENTS

1. "Statement by the spokesperson of EU High Representative Catherine Ashton on the visit of President Al-Bashir to Malawi," EU, 14 October 2011, http://www.consilium.europa.eu/uedocs/cms_Data/docs/pressdata/EN/foraff/125121.pdf

"The spokesperson of Catherine Ashton, High Representative of the Union for Foreign Affairs and Security Policy and Vice President of the Commission, issued the following statement:

'The High Representative is concerned by the announced visit of President of Sudan Omar Al- Bashir to Malawi, a State party to the Rome Statute of the International Criminal Court (ICC) on the occasion of the COMESA Summit, on 14 October 2011.

She firmly recalls the importance of all Member States of the United Nations abiding by and implementing the resolutions adopted by the Security Council under Chapter VII of the UN Charter, in this case, UNSCR 1593(2005). She urges Malawi to respect its obligations under international law to comply with the International Criminal Court.

The European Union is a staunch supporter of the ICC and the fight against impunity. The Court is a valuable instrument of the international community to ensure that there is no impunity for the most serious crimes of international concern; genocide, crimes against humanity and war crimes must not go unpunished and their prosecution must be ensured by measures at both domestic and international level.'"

2. "UK - MFA - Foreign Office Minister comments following President al-Bashir's visit to Malawi," UK Foreign Office, 14 October 2011, http://www.fco.gov.uk/en/news/latest-news/?view=News&id=669989382&utm_source=feedburner&utm_medium=feed&utm_campaign=Feed%3A+FcoLatestNewsRssFeed+%28FCO+Latest+News+RSS+feed%29

"Foreign Office Minister Henry Bellingham said:

'I am disappointed that Malawi hosted President Bashir of Sudan today (14th October) in defiance of International Criminal Court arrest warrants for war crimes, crimes against humanity and genocide.

The British government expects the Government of Malawi to stand by its obligations under the Rome Statute, and as a UN member state. The Government of Malawi has committed itself to full cooperation with the ICC, and I reiterate the importance that the British government places on such commitments.

We support the work of the ICC as an independent judicial body. All countries should cooperate with the ICC investigations in accordance with UN Security Council Resolutions, and the particular legal obligations of States Party to the ICC.'"

IV. RELATED NEWS AND OPINIONS

1. "ICC asks Malawi to explain failure to arrest Sudan's President on visit," UN News Center, 19 October 2011, http://www.un.org/apps/news/story.asp?NewsID=40106&Cr=criminal+court&Cr1

2. "Congressman Wants Aid to Malawi Stopped," Joe DeCapua, Voice of America, 19 October 2011, http://www.voanews.com/english/news/africa/decapua-malawi-wolf-19oct11-132163518.html

3. "Hague court questions Bashir's visit to Malawi," Reuters, 19 October 2011, http://af.reuters.com/article/malawiNews/idAFL5E7LJ3JB20111019?sp=true

4. "Bashir's visit fallout: US lawmaker wants Malawi axed from MCC program," Maravi Post, 18 October 2011, http://www.maravipost.com/malawi-politics/politics/5936-bashirs-visit-fallout-us-lawmaker-wants-malawi-axed-from-mcc-program.html

5. "Congressman urges Malawi aid cut for hosting Bashir," Daily Nation, 18 October 2011, http://www.nation.co.ke/News/africa/Congressman+urges+Malawi+aid+cut+for+hosting+Bashir+/-/1066/1257780/-/wpvn9o/-/

6. "Sudan: Country's Embassy to Washington Lauds Courageous Stance of Malawi President and Government for Refusing to Succumb to U.S. Pressures," SUNA, 16 October 2011, http://allafrica.com/stories/201110171509.html

7. "Sudan's Bashir leaves Malawi summit without arrest," AFP, 16 October 2011, http://www.google.com/hostednews/afp/article/ALeqM5gkvQvxdo3n3pPNt-zaJzP_Kn4RgA?docId=CNG.57974a494be7b5bf68fc12ec42f51d14.261

8. "Editorial: The ICC Receives more Fatal Blows," Sudan Vision Daily, 16 October 2011, http://news.sudanvisiondaily.com/details.html?rsnpid=200759

9. "Britain unhappy with Malawi over Sudan's Al Bashir," Malawi Today, 16 October 2011, http://www.malawitoday.com/news/64353-britain-unhappy-malawi-over-sudans-al-bashir

10. "Sudan lashes out at Western reactions to Al-Bashir's visit to Malawi," Sudan Tribune, 15 October 2011, http://www.sudantribune.com/Sudan-lashes-out-at-Western,40432

11. "Malawi must keep obligations on Bashir - UN," Reuters, 15 October 2011, http://af.reuters.com/article/sudanNews/idAFL5E7LF0GC20111015

12. "Africa's despots gather without fear of arrest," ABC, 15 October 2011, http://www.abc.net.au/correspondents/content/2011/s3340660.htm

13. "President Bingu of Malawi Accuses the ICC of Unfairly Targeting African Leaders," Sudan Vision, 14 October 2011, http://news.sudanvisiondaily.com/details.html?rsnpid=200684

14. "UK, EU, watchdogs hit Mutharika for hosting 'fugitive' Bashir," Thom Chiumia, Nyasa Times, 14 October 2011, http://www.nyasatimes.com/malawi/2011/10/14/uk-eu-watchdogs-hit-mutharika-for-hosting-‘fugitive’-bashir/

15. "Bashir takes pride in Sudan's defiance of UN resolutions," Sudan Tribune, 14 October 2011, http://www.sudantribune.com/Bashir-takes-pride-in-Sudan-s,40424

16. "Omar al-Bashir arrest request rejected by Malawi," BBC News, 14 October 2011, http://www.bbc.co.uk/news/world-africa-15308198

17. "EU urges Malawi to arrest Sudan's president," Ahram On Line, 14 October 2011, http://english.ahram.org.eg/NewsContent/2/8/24112/World/Region/EU-urges-Malawi-to-arrest-Sudans-president-.aspx

18. "Calls for Malawi to arrest al-Bashir get louder," Maravi Post, 14 October 2011, http://www.maravipost.com/malawi-politics/district/5918-calls-for-malawi-to-arrest-al-bashir-get-louder.html

19. "Malawi Opposition Demands Arrest of Sudan's Bashir," VOA, 14 October 2011, http://www.voanews.com/english/news/africa/Malawi-Opposition-Demands-Arrest-of-Sudans-Bashir--131833233.html

20. "Malawi ignores rights body, houses al-Bashir," Africa News, 14 October 2011, http://www.africanews.com/site/Malawi_ignores_rights_body_houses_alBashir/list_messages/40031

21. "Malawi: Al Bashir arrives Malawi, government says he is free man," Afrique Jet, 14 October 2011, http://www.afriquejet.com/diplomacy-malawi-sudan-2011101425002.html

22. "Bashir lands in Malawi, defying war crimes warrant," Capital FM, 14 October 2011, http://www.capitalfm.co.ke/news/2011/10/bashir-lands-in-malawi-defying-war-crimes-warrant/

23. "Advocacy groups: Malawi should implement ICC's Bashir arrest warrant," Sudan Tribune, 14 October 2011, http://www.sudantribune.com/Advocacy-groups-Malawi-should,40421

*************************************
CICC's policy on the referral and prosecution of situations before the ICC:

The Coalition for the ICC is not an organ of the court. The CICC is an independent NGO movement dedicated to the establishment of the International Criminal Court as a fair, effective, and independent international organization. The Coalition will continue to provide the most up-to date information about the ICC and to help coordinate global action to effectively implement the Rome Statute of the ICC. The Coalition will also endeavor to respond to basic queries and to raise awareness about the ICC's trigger mechanisms and procedures, as they develop. The Coalition as a whole, and its secretariat, do not endorse or promote specific investigations or prosecutions or take a position on situations before the ICC. However, individual CICC members may endorse referrals, provide legal and other support on investigations, or develop partnerships with local and other organizations in the course of their efforts.

Communications to the ICC can be sent to:
ICC
P.O. Box 19519
2500 CM The Hague
The Netherlands